Folkston, GA Immigration Law Firms & Lawyers

Generally, when a foreign national entered the U.S. lawfully and with inspection (as you apparently did 11 years ago), and then becomes married to a U.S. citizen, the couple can succeed in a marriage-based adjustment of status application process so that the foreign national spouse may become a Lawful Permanent Resident (get a "Green Card"). This is true regardless of whether the foreign national spouse may have overstayed her visa, may have applied for and been granted relief through DACA, and may have DACA status ending soon. Of course, there are many other details that determine eligibility. There really is no substitute for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

If your uncle's nephew has the equivalent of a bachelor's degree in the US, he may be eligible for H-1B sponsorship. For that, he would have to be industrious and shower possible companies with resumes. Another alternative that he can explore is qualifying under E-1 treaty trader or E-2 treaty investor visa. E-1 contemplates a company with German nationality conducting at least 51% of its trade between the US and Germany. E-2 involves investment in a company by a German national. E-1 and E2 can be obtained if he finds a position involving managerial, executive, or specialized knowledge with one of these type of companies. He might also be able to establish his own company and qualify for either of these visas. E-1 and E-2 while not permanent visas do allow individuals to work in the US for long periods of time (some holders of these visas have been in the US for 20 years) in the qualifying company. Other than these options, there do not appear to be easy ways for a person to move to the US legally to live permanently and to work outside of the recognized categories of employment, family sponsorship, asylum, or  permanent investment immigration.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Yes, you can still apply without the I-94 card.   Your passport with the stamp indicating your date of entry is excellent evidence of when you arrived.  Of course, you will need additional evidence to proof the other requirements of the program.  I recommend you hire an attorney to help you.